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(영문) 부산지방법원 2016.11.17 2015가단206979

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C borrowed money from E and F while carrying on a business of newly constructing and selling apartment and business facilities on the land outside Busan Metropolitan Government D and five lots (hereinafter “instant business”). However, on February 5, 2007, it was impossible for them to repay this money, and they transferred the instant business including the above business site.

B. Although E/F intended to sell the above project site and collect the loan, etc., but as the sale thereof was difficult, the Plaintiff Company was incorporated on May 31, 2007 for the purpose of housing construction business, etc. and invested the above project site in the EF on June 12, 2007 for the registration of the transfer right claim of 1/2 shares in each of the above project site as to the registration of the transfer right claim of 1/2 shares in each of the above project site as to the registration of the transfer right claim of 1/2 shares in each of the above project site.

On the same day, E was the representative director of the plaintiff, and F was the director.

C. The above apartment house and the business facility (hereinafter referred to as the "G apartment").

(D) On February 13, 2013, 2013, after completion of the construction around July 2008, the registration of initial ownership was completed in the name of the Plaintiff, and E retired from the office of the Plaintiff’s representative director on February 8, 2013, and F is operating the Plaintiff Company as a sole director. E immediately filed a claim suit, such as settlement of accounts, against F, after the withdrawal from the partnership relationship, but was dismissed, and finally finalized (Seoul District Court Decision 2013Da12316, 2014Na16026). E and the Defendant married on February 29, 198, but agreed on April 11, 2006. [In the absence of any dispute over recognition, evidence No. 1, No. 1, No. 1, and evidence No. 1, No. 8, and 26, respectively, the purport of the entire pleadings and arguments.

2. The Plaintiff asserted and determined that: (a) the Defendant owned G apartment 212 with the Plaintiff’s funds on October 29, 2010; (b) on October 14, 2009, G apartment 501 owned by the Plaintiff and registered ownership transfer in his/her name without paying the purchase price; and (c) on October 24, 201, H.